KU opposes women’s proposals to add new information to Title IX lawsuits

In new federal court filings, two women suing the University of Kansas under Title IX are proposing to add to their initial lawsuits more information about exactly how KU disciplined their attacker — a proposal that KU opposes.

The court has yet to decide whether to allow the women to amend their petitions, for a second time since they were originally filed in the spring.

Over the past three weeks — with the most recent document filed Tuesday — both women have asked the court to amend their lawsuits, KU has opposed amending them, and the women have replied to KU’s opposition by reiterating reasons for their request.

At issue is what the women’s attorney called new information indicating that John Doe G, the unnamed KU football player both women accused of sexually assaulting them, was actually allowed to withdraw from KU instead of being expelled.

Daisy Tackett

Sarah McClure, under the name Jane Doe 7, is suing Kansas University for failing to properly address her sexual assault report. McClure’s father, Jim McClure, shared this photo and a video statement from her during a press conference Thursday, June 9, 2016, in Kansas City, Mo.

Daisy Tackett and Sarah McClure, both former KU rowing team members who have since left the school, sued KU in the spring. Tackett said John Doe G raped her in KU’s Jayhawker Towers apartments in fall 2014; McClure, who sued under the name Jane Doe 7 but has since gone public, said the same man sexually assaulted her in Jayhawker Towers in August 2015.

KU administrators investigated the women’s reports, determined, by a preponderance of the evidence, that the man was responsible for the alleged misconduct and in March notified the women in writing that he withdrew, was banned from campus for 10 years and thus had been “effectively permanently expelled.”

The women asked the courts to amend the lawsuits for a second time, after media reported in August that KU officials told the women one thing and the attacker another, according to Kansas City, Mo., attorney Dan Curry, who is representing both women.

“What KU told Plaintiff simply was not true or consistent with what KU told John Doe G. A hearing could have resulted in an honest expulsion,” Curry wrote in the most recent filings. “KU permitted John Doe G to withdraw, and he then immediately joined a new football team at a different school along with a KU football coach.”

Related story

Oct. 23, 2016: How did player KU banished for alleged sexual assaults make it onto another D-1 team? New information reveals possibilities

Transfer school has since added safeguards; KU says student was allowed to withdraw in lieu of expulsion but that it’s not responsible for him joining new team

KU filed virtually identical responses in both cases, saying the additional information should not be allowed because most of the proposed allegations were known to the women “for months” and are “futile” to their claims.

The women were “told at that time that John Doe G was ‘effectively expelled’ and had withdrawn,” KU said in opposing both proposed amendments. “… all of the facts alleged by Plaintiff have been known or should have been known to her since March 2016, with the exception that John Doe G was admitted to another school and allowed by that school to play football, which was neither caused by actions of the University of Kansas nor relevant to the environment on KU’s campus.”

Curry argued for amending the lawsuits, saying the case is in early stages.

“There is much evidence to develop regarding KU’s conduct,” he wrote in both cases. “No discovery has taken place; no deadlines have been set.”

Title IX is the federal law that prohibits gender-based discrimination in education. It requires schools to investigate and adjudicate reports of sexual harassment — including sexual violence — to ensure students can access their educations in an environment that is not hostile.